Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - As per FIR, abusing the informant took place within four walls of building - Even, there was no member of public (not merely relatives or friends) at the time of incident in the house -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - As per FIR, abuse took place within four walls of building - In the list of witnesses, certain witnesses are named but it could not be said that those were the persons present within the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - Parties litigating over possession of land - Allegation of hurling of abuses is against person who claims title over the property - If such person happens to be a Scheduled Caste, offence..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Offence u/s 3(2)(vi) - Quashing of final report - Allegation that petitioner being a medical Doctor had created false documents and wound certificates of accused Nos.3 and 4 - However, prosecution has no materials to show that petitioner could be imputed with knowledge or..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 354, 34 -- Quashing of proceedings - Offence u/ss 498-A, 323, 506, 354, 34 IPC - Allegations of cruelty against wife as well as criminal intimidation apart from assault on women to outrage her modesty and voluntarily causing hurt - Offences are serious in nature - Prima facie case..........
Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of charge sheet - Compromise - Kidnapping - Victim was major at the time of incident - Accused and victim solemnized marriage and they have two kids from their wedlock - Offence alleged against accused are of private in nature and have no serious impact on society - Compromise..........
Criminal Procedure Code, 1973, Section 482, 216, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Quashing of Order - Order altering charge u/s 7 to Ss.13(1)(d), 13(2) of P. C Act - Charge altered on application of prosecution - Trial Court has not suo moto invoked its jurisdiction and thus, failed to exercise jurisdiction available to it - Impugned order..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 27 -- Quashing of FIR - Offence u/ss 25, 27 of Arms Act - Prima facie it reflects that 32 bore pistol seized from possession of A-1 along with three live cartridge - Strong case found against A-1 and he received pistol from his friend A-2 and on basis of that statement A-2 was inducted as accused -..........
